Michelle Keahey, East Texas Bureau Nov. 18, 2013, 2:56pm

MARSHALL - A Louisiana man has filed a lawsuit claiming he suffered life-altering injuries when he was struck by a forklift and the forklift’s load fell on top of him.

Jerry Jenkins and Angela Jenkins filed suit against Fowler Transport Ltd. on Nov. 11 in the Eastern District of Texas, Marshall Division.

The incident occurred on May 19 while Jerry Jenkins was employed as a tool pusher by Big E Drilling Co. and was involved in the dismantling of an oil rig.

According to the suit, Jenkins was walking across the rig and was struck from behind by a forklift, which was moving a large stair pedestal. He was knocked off his feet and pushed forward on the ground. The forklift driver slammed on his brakes, which caused the pedestal to slide forward and off of the forks of the forklift and on top of Jenkins, the suit states.

Jenkins claims he suffered numerous life-altering injuries in the accident.

The defendant is accused of negligence for failing to maintain a proper lookout, failing to operate the forklift in a safe manner, failing to properly supervise and train the forklift driver, failing to be aware of pedestrians walking ahead of the moving forklift in the roadway, failing to yield to pedestrians that have the right-of-way, failing to keep a clear view in order to avoid pedestrians, failing to use a spotter and for failing to drive the forklift in reverse when the load was obviously blocking or obstructing the forklift driver’s view.

The lawsuit is seeking an award of damages for physical pain and suffering, disability, mental anguish, emotional distress, loss of enjoyment of life, lost wages, loss of economic opportunity, loss of earning capacity, medical expenses, rehabilitation expenses, scarring and disfigurement, interest and court costs.

The plaintiffs are represented by Michael K. Cox of Cox, Cox, Filo, Camel & Wilson in Lake Charles, La., and Todd G. Riff of Riff & Associates PC in Houston.

A jury trial is requested.

Case No. 2:13-cv-00956

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